Latest Blog Posts for drugs and devices in law

• Unfair Competition Class-Action Lawsuits
  on Nov 7, 2010 in Class Action
  Fair competition is the cornerstone of American capitalism. When it is upheld, businesses are able to compete against one another on a level playing field so that each has an equal opportunity to succeed and make a profit. Sometimes, however, busines...
• What You Definitely Have to Know About Class Action Suits
  on Oct 31, 2010 in Class Action
  The contracts of 24 customers stating that they will pay $280 for home educational kits worth about $40 were considered null and void by a class action suit in New Jersey. The mortgages of California home buyers are held by institutions requiring int...
• Causes of the Polybutylene Class Action Lawsuit - What You Should Know
  on Oct 24, 2010 in Class Action
  Polybutylene Class Action Lawsuit cases are all over the country right now. These cases have been going on since the 1908s when people started to see serious failures with their poly piping systems throughout the home. The cause of the lawsuit is var...
• Another One Bites The Dust
  on Oct 21, 2010 in Class Action
  We can't say much, because Dechert's involved in the litigation, but the Ninth Circuit has just affirmed (unpublished - but a win is a win is a win), the Rule 12 of the Amgen third-party payer action over alleged off-label promotion of Arasnep and Ep...
• Personal Jurisdiction - A Primer
  on Oct 21, 2010 in Personal Jurisdiction
  We mentioned late last month, back when everybody was still high on the Phillies, that the Supreme Court had granted certiorari in several interesting opinions.  Two of those decisions, Brown v. Meter, 681 S.E.2d 382 (N.C. App. 2009), appea...
• Post-Levine Drug/Vaccine Preemption Cheat Sheet
  on Oct 20, 2010 in Implied Preemption Express Preemption Cheat Sheet
  It's no secret that non-medical device preemption arguments haven't been as successful after Wyeth v. Levine as they were before.  Here at the Drug and Device Law Blog, we like to provide information, but we also follow a defense Hippocratic Oat...
• Kester Out On The Old Keister (Again)
  on Oct 20, 2010 in Pleading Pennsylvania
  A nifty new decision, Kester v. Zimmer Holdings, Inc., 2010 U.S. Dist. Lexis 110403 (W.D. Pa. Oct. 18, 2010), popped up on one of our automatic searches this morning.  It's a sequel to the even niftier Kester v. Zimmer Holdings, Inc., 2010 WL 26...
• The learned intermediary doctrine comes to South Dakota
  on Oct 19, 2010 in South Dakota Learned Intermediary Causation
  Lawyers and their clients can win cases in all kinds of ways, from the cheap victories won by default or gross mistakes by the other side to the total domination victories won on every single point. Some victories come after bad rulings that encoura...
• Aredia/Zometa Trial Win in New Jersey
  on Oct 18, 2010 in Warning Adequacy
  We've been hyperactive members of the peanut gallery when it comes to the Aredia/Zometa litigation. We've griped about motions and rulings on Daubert and learned intermediary (see, for example, here), and we've criticized plaintiffs' lawyers for tryi...
• Yessssssss ... Medtronic Really on a Roll
  on Oct 15, 2010 in Express Preemption Medical Device
  We've just learned that the Eighth Circuit as affirmed the preeemption-based dismissal of the entire Sprint Fidelis Multidistrict Litigation.  This is the first major appellate test of PMA preemption post-Riegel - and we passed.  Here's a c...

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